Michael Curtis

9th Circuit Court of Appeals

Appellate Procedure: For the court to have jurisdiction for review under 25 U.S.C. § 4161(d), a party must have either alleged a violation of § 4161(a), or pursued one of the remedies specifically identified in § 4161(a)(1).

Civil Rights § 1983: Police Officers are not entitled to qualified immunity in excessive force cases when a jury finds the amount of force used was unreasonable, even when the Officers believe the victim is resisting.

Criminal Law: A single count alleging distribution of a controlled substance over a period of years in a variety of locations does not meet the nexus a continuing offense and must be charged in separate counts.